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A History of the National Assembly Standing Orders

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A History of the National Assembly Standing Orders The National Assembly A History of the National Assembly Standing Orders FactSheet No.8 i| FactSheet 8: A History of the National Assembly Standing Orders A History of the National Assembly Standing Orders FactSheet 8: A History of the National Assembly Standing Orders Published by: The Clerk of the National Assembly Parliament Buildings Parliament Road P.O. Box 41842-00100 Nairobi, Kenya Tel: +254 20 221291, 2848000 Email: [email protected] www.parliament.go.ke © The National Assembly of Kenya 2017 Compiled by: The National Assembly Taskforce on Factsheets, Online Resources and Webcasting of Proceedings Design & Layout: National Council for Law Reporting |ii The National Assembly iii| FactSheet 8: A History of the National Assembly Standing Orders Acknowledgements This Factsheet on A History of the National Assembly Standing Orders is part of the Kenya National Assembly Factsheets Series that are supposed to enhance public understanding, awareness and knowledge of the work of the Assembly and its operations. It is intended to serve as easy guide for ready reference by Members of Parliament, staff and the general public. The information contained here is not exhaustive and readers are advised to refer to the original sources for further information. This work is a product of concerted efforts of all the Directorates and Departments of the National Assembly, and the Parliamentary Joint Services. Special thanks go to the Members of the National Assembly Taskforce on Factsheets, Online Resources and Webcasting of Proceedings, namely, Mr. Kipkemoi arap Kirui (Team Leader), Mr. Emejen Lonyuko, Mr. Robert Nyaga, Mr. Denis Abisai, Mr. Stephen Mutungi, Mr. Bonnie Mathooko, Maj. (Rtd.) Bernard Masinde, Mr. Enock Bosire, and Ms. Josephine Karani. Special thanks also go to the very dedicated members of the Secretariat of the Taskforce Mr. Salem Lorot (Head of the Secretariat), Mr. Samuel Kalama, Ms. Anne Shibuko, Mr. Benson Inzofu, Mr. Finlay Muriuki, Ms. Doreen Karani, Mr. Charles Atamba and Ms. Rabeca Munyao. |iv The National Assembly FactSheet 08 A History of the National Assembly Standing Orders Introduction The Standing Orders (or Rules of Procedure) have been in use since the inception of the Legislative Council (Legco), a precursor of the National Assembly. Since the formative years of the colonial administration which had a fused legislative and executive functions under the Governor General, the rules of procedure were originated and reviewed at the behest of the Executive and, for a long time, introduced for review and adoption by the Legco and later by the National Assembly as an Executive-sponsored Sessional Paper. Constant review of Standing Orders occasioned gradual re-designing of the legislature and its committees, borrowing best practices from the mother parliament in the United Kingdom during the transition under the speakerships of Rtd. Judge William Horne and Sir Humphrey Slade (1948-1970). First Parliament (1963-1967) At independence, the initial changes to the Standing Orders were made in line with the independence constitution that set up a bicameral legislature and provincial (regional) legislatures popularly known as majimbo. They were introduced to the House in the form of Sessional Papers cited below. (a) Sessional Paper No. 6 of 1964 Sessional Paper No. 6 of 1964 introduced a provided for the new role of the President as Head of State, Head of Government and a Member of the House of Representatives, and to provide for the Head of State to open and address Parliament. It also provided for a Chair of State for the President in the Chamber. The President could address a joint sitting of the Senate and the House of Representatives from the Speaker’s Chair. The House was expected to stand in 1| FactSheet 8: A History of the National Assembly Standing Orders silence as the President entered or left the Chamber accompanied by an aide- de-camp. (b) Sessional Paper No. 8 of 1965 The Standing Orders were amended to redefine ‘Minister’ to include the President, Vice President and the Ministers, the Attorney General, Assistant Ministers and any other person who held any such office. The ter, ‘Governor’ was deleted and substituted with the ‘President’. Amendments to Standing Orders also changed the days of consideration of Private Members’ Motions. Private Members’ Motions which were ordinarily considered on Thursday afternoons were moved to Friday mornings. It had become a challenge that sittings on Fridays adjourned due to lack of quorum. The Sessional Committee was of the view that having Private Members’ Business on this day would compel them to attend the sittings. Standing Order 62 substituted ‘Her Majesty’ with ‘President’ since Kenya was an independent Republic that no longer owed allegiance to the Queen. The Constitution of Kenya (Amendment) (No. 4) Act No. 19 of 1966 effectively disbanded the Senate converting the 41 Senators into Members of the House of Representatives and creating new constituencies to accommodate them. This altered the membership of the National Assembly. (c) Sessional Paper No. 12 of 1965 Sessional Paper No. 12 of 1965 sought to ensure business of the House was conducted and dispatched more efficiently. The title of Parliamentary Secretary was re-designated as Assistant Minister as per the new constitution. Standing Orders were amended to provide that on any day where more than twelve questions were due to be placed on the Order Paper, and if the Speaker was of the opinion that the number of that question succeeding twelve cannot be spread over the next three sitting days without the questions on one of the days exceeding twelve, each Member would be limited equally to such number of questions on the Order Paper as would reduce the total number of questions to twelve and receive forthwith a written reply to all other questions which were thus excluded from the Order Paper. The purpose of the amendment was to speed up the business of the House by enabling the Speaker to limit his or her discretion on the number of questions to twelve per day, and to direct the questions beyond that number to be replied to in writing rather than orally. The new Standing Orders extended the number of hours for considering Committee of Supply from one hour to three hours. Amendments were also introduced to provide that Party Motions would take precedence over other Motions moved by individual Members. The Standing Orders also provided for changes in the seating arrangement in the Chamber by having all seats in the front benches of the chamber reserved for the exclusive use of Ministers. (d) Reports of Select Committee reviewing amendments to Standing Orders On 6th December 1967, the House adopted both the interim report dated the 19th July 1967 and the First Schedule of the Final Report of the Select Committee Reviewing Standing Orders dated 20th November 1967. Some of the amendments included deleting provisions making reference to the Senate since it had ceased |2 The National Assembly to exist, and excluded reference to certain sections of the Constitution which no longer existed. The Standing Orders also provided for regularization of an Acting Deputy Speaker/Temporary Speaker who would act as presiding officer in the absence of Speaker and the Deputy Speaker. The Standing Orders also provided for questions by Private Notice and the time the questions would be taken. The number of questions to be listed on the Order Paper were increased from 12 to 15. It was provided that a question could not repeat in substance any question already answered in the current session. Grounds in which the Speaker could reject a Motion were also listed and, too, the manner in which the renewal of Motions which had already been debated would occur. A new Standing Order provided for Motions without Notice. The Presidency was held in high esteem during this period. The Standing Orders were amended to provide for permission for a Minister to use the name of the President as authority of what he or she was saying. Members who were not Ministers would only make assertions to the President upon reference to President’s recorded speeches. Members could not adversely mention or use the name of the President. Standing Order 78 proposed a definition of ‘disorderly conduct’ as “creating actual disorder, curtailing unnecessary interjections which are intended to stop or deter a Member from exercising his or her right to speak in the House, knowingly raising a false or fraudulent point of order”. The Standing Order further gave the Members the right to initiate the process of naming a Member. A Member would invite the Speaker to name another Member for grossly disorderly conduct, but the decision whether or not to do so would lie with the Speaker. If a Member was suspended for a certain number of sitting days and there was a break in-between such as a weekend, the Member would be excluded from the precincts during the weekend as well. If the House went into recess before the Member had completed his or her suspension, the punishment would operate again from the time the House started sitting until he completed his or her days. The Member would, except during the recess, forfeit his or her right to access the precincts. There was a provision for a Member taking responsibility for the accuracy of his or her facts, and his or her liability to be required to substantiate. The amendments also proposed Mondays as an additional sitting day. It is worth noting that the Constitution of Kenya (Amendment) (No. 2) Act No. 16 of 1968 transferred the powers of electing the President from Members of the House of Representatives to the people. SECOND PARLIAMENT (1970-1974) Sessional Paper No. 7 of 1974 had been laid during the Second Parliament but had not been adopted by the end of that Parliament.
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